Possession Of Marijuana Charges Dismissed
Readington Township, New Jersey (February 2016)
Outcome: Mr. Abate was appalled by what he learned and filed a motion to suppress. Mr. Abate was ultimately successful in having all charges dismissed against the client.
For the most part, attorneys with clients that are eligible for a a conditional discharge will not perform the work and invest the equity to seek dismissal of possession of under 50 grams of marijuana. Mr. Abate recently found himself in such a position, but his integrity would not permit such a abandonment of his duty to his client. Mr. Abate’s client was pulled over by an officer who obtained consent via threat to leave her stranded in the middle of Hunterdon County. The client lived in Allentown PA. The officer stated he was going to have drug sniff dog brought out to sniff the car. But when the dog was brought out, no attempt was made to sniff the car and the officer tricked the client to give consent to the vehicle search. Once in the car and without a warrant, the officer located a bag. The client advised it was not her bag. Not to be deterred, the officer searched the bag without consent and without a warrant.
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